Showing posts with label legal system. Show all posts
Showing posts with label legal system. Show all posts

Sunday, May 31, 2026

WITHOUT PREJUDICE: My Life as a Gay Judge, a memoir of living the curse "May you live an interesting life in interesting times"


WITHOUT PREJUDICE: My Life as a Gay Judge
HARVEY BROWNSTONE

ECW Press (non-affiliate Bookshop.org link)
$21.95 paperback, available now

Rating: 4.25* of five

The Publisher Says: Harvey Brownstone’s story is a tumultuous, sometimes hilarious, and uplifting journey from bullied child to outcast after coming out to his parents, to trailblazing lawyer, to distinguished judge.

Brownstone colorfully details his momentous and inventive judicial career marked by his numerous innovations of the justice system, particularly revolutionizing Ontario’s child support enforcement program.

In retirement, he is no longer shackled by the restraints traditionally imposed on the judiciary, and thus Brownstone provides a frank, unfiltered, and refreshing glimpse into the inner workings of the justice system, boldly delineating the strengths and weaknesses of criminal and family courts, both of which he claims are sorely in need of comprehensive reform. His remarkable story, reinventing himself from high-profile judge to highly acclaimed talk show host, is a testament to the resilience and triumph of the human spirit.

I RECEIVED A DRC FROM THE PUBLISHER VIA EDELWEISS+. THANK YOU.

My Review
: An unusual man's memoir of being unabashedly unusual and unapologetically opinionated.

Judges are not often public figures while still sitting on the bench. Harvey Brownstone got that memo, looked it over for legal penalties, saw there were specific things he was never to speak of so he didnt, and then quietly spoke up for the powerless his entire career. A fluently bilingual judge in an Anglophone province, he was in demand to hear cases involving Francophone participants; he was always active in criminal and family law; he was always, as a good judge ought to be, aware of how his decisions were going to impact all the parties' futures.

A lot of Justice Brownstone's empathy for people enduring trouble, as by definition all those in the legal system are, comes from his parents' surprising rejection of him when he came out to them as gay. It was the 1970s! They were sophisticated people, not from some lunatic religious-nut group...just quite homophobic. This disappointed me, as well as made me empathetically upset on his behalf. Fiive years of no contact made me cringe for him.

As he transitions his narrative to the legal career he self-financed (imagine trying *that* in 2026!) the tenor shifts from personal suffering to compassion for the suffering of other as they wend their way through a system he knows is stacked against them. Defendant or plaintiff, the Canadian legal system is as labyrinthine and intentionally complicated as that anywhere in the world. Justice Brownstone does not hold back in this memoir from expressing his anger at the cruelty baked into the system as it is...most especially the capricious, arbitrary "family" courts.

Justice Brownstone wrote of that system in a 2009 book entitled Tug of War: A Judge's Verdict on Separation, Custody Battles and the Bitter Realities of Family Court in 2009, published by the same house this book comes from. I don't think my blood pressure would remain safely controlled were I to read that book. This one, with its wider focus, challenged me, so I'll be avoiding his earlier book. No more hospital visits for TIAs if I can help it!

I suspect Canadian readers will be more involved in the nuts-and-boltsness of Justice Brownstone's policy agenda for legal-system reform. I'm totally with him in the spirit of his reforms; I can't see anyone in the US who holds a comparable position writing so openly and passionately in favor of redressing the balance of the system. It makes me a bit jealous, like having Mark Carney as their head of government does. Still leaves me with an overall positive impression of Justice Brownstone, and a hearty supportive push for any and all Canadians reading these words to go get themselves involved in his crusades.

I'm hoping the US readers will see what an honest, person-centered, effective and responsible progressive looks like and will start looking for more of them here.

Sunday, October 12, 2025

THE FIGHT FOR FREE SPEECH: Ten Cases That Define Our First Amendment Freedoms, four years on yet could be about century-old norms


THE FIGHT FOR FREE SPEECH: Ten Cases That Define Our First Amendment Freedoms
IAN ROSENBERG

NYU Press (non-affiliate Bookshop.org link)
$18.95 ebook, available now

Rating: 4.5* of five

The Publisher Says: A user’s guide to understanding contemporary free speech issues in the United States

Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights.

The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question―from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels― and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

I RECEIVED A DRC FROM THE PUBLISHER VIA EDELWEISS+. THANK YOU.

My Review
: A book from 2021 that enumerates the right to free speech busily being attacked, restricted, breached, and ignored in 2025.

Never in my lifetime have I seen such a rapid destruction of a Constitutional right. Read this to understand, in meticulously stated detail, what it is that we are seeing ripped away from us. It should not feel, as it is meant to be a warning, as though it is discussing a Golden Age now dimmed by having cartloads of ordure heaped all over it.

The twenty examples of the defense and delineation chosen by Author Rosenberg demonstrate in accessible non-weapons-grade prose show the flexibility of and the necessity for its existence. We allow further erosions and floutings at our greatest, personal peril.
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Thursday, July 10, 2025

THE PRIVATE IS POLITICAL: Identity and Democracy in the Age of Surveillance Capitalism, what to pay attention to in order to stop "Them"


THE PRIVATE IS POLITICAL: Identity and Democracy in the Age of Surveillance Capitalism
RAY BRESCIA

NYU Press (non-affiliate Bookshop.org link)
$35.00 ebook, available now

Rating: 4.5* of five

The Publisher Says: Exposes the threats to our personal and political identity in the age of surveillance

It has become alarmingly clear that our online actions are less private than we’re led to believe. Our data is routinely sold and shared with companies who want to sell us something, political actors who want to analyze our behavior, and law enforcement who seek to limit our actions.

The Private is Political explores the failure of existing legal systems and institutions to protect our online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Ray Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. This will ultimately stifle our ability to live full lives, realize democracy, and even shape the laws that affect our privacy itself.

Beyond merely identifying the harms to individuals from privacy violations, Brescia furthers our understanding of privacy by identifying and naming political privacy and the integrity of identity as central to democracy.

The Private is Political empowers consumers by outlining a roadmap for a comprehensive privacy regime, leveraging various institutions to collectively safeguard privacy rights.

I RECEIVED A DRC FROM THE PUBLISHER VIA EDELWEISS+. THANK YOU.

My Review
: Author Ray Brescia is well-known for his activities in public-interest legal matters. If anyone knows, from long professional experience, what "Their" endgame is with the surveillance-capitalism regime we have so blithely and unthinkingly accepted, it is him.

His chosen format of shorter chapters that read like trimmed law-journal essays, copious notes, and a solid, real-world grounding in where and why there are leverage points on both sides of his argument, Author Brescia is doing everyone on the internet a huge favor. While we have been dreading state surveillance, corporations sell us the very tools that, in state hands, would have the MAGAts in the streets. Google is not a state entity, but arguably has even more data about you than Amazon. Both want to pick your pockets after picking your brain so hard there's little left in it they do not directly know, or can with high confidence infer.

Author Brescia's gift is laying out the steps of gaining his knowledge. He understands the systems of lawmaking and enforcement, sees the careful designs for encroaching on our personal autonomy, and leads the reader along as he pulls aside decades of distracting obfuscation to show us what the plan truly is.

There might still be time to heed Author Brescia's warnings. I'll leave it to you to spend your time, even your treasure if you have it, learning some pressure points you can use or demand your legislators use.

Tuesday, October 15, 2024

KLAXON READS: DAY OF RECKONING: How the Far Right Declared War on Democracy, & THE COURT V. THE VOTERS: The Troubling Story of How the Supreme Court Has Undermined Voting Rights


THE COURT V. THE VOTERS: The Troubling Story of How the Supreme Court Has Undermined Voting Rights
JOSHUA A. DOUGLAS

Beacon Press
$29.95 hardcover, available now

Rating: 5* of five

The Publisher Says: An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case

In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown, some familiar—to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system.

Douglas charts infamous cases like:
  • Bush v. Gore, which opened the door to many election law claims
  • Citizens United, which contributed to skewed representation—but perhaps not in the way you might think
  • Shelby County v. Holder, which gutted the vital protections of the Voting Rights Act
  • Crawford v. Marion County Elections Board, which allowed states to enforce voter ID laws and make it harder for people to vote

  • The Court v. The Voters powerfully reminds us of the tangible, real-world effects from the Court’s voting rights decisions. While we can—and should—lament the democracy that might have been, Douglas argues that we can—and should—double down in our efforts to protect the right to vote.

    I RECEIVED A DRC FROM THE PUBLISHER VIA EDELWEISS+. THANK YOU.

    My Review
    : I share the author's concerns over the ugliness our current Court has enabled to flourish and entrench itself in our country.

    But the remedy, the true solution to the problem, lies in your control, not the Court's. You vote for the president of the United States of America, who nominates the Justices; you vote for the Senators who advise on and consent to the appointment of them. If you do not like the current Court, it is down to you and your (non-)votes.

    There are enforcements of rules contra the Justices and their brazen flouting of even the most basic norms of judicial conduct not happening now that could happen if there is enough public pressure on Congress to act. The hideous horror of the 2024 election cycle is a very convenient smokescreen behind which inactivity's awful price is coming due. There are calls to expand the Supreme Court, as was done a hundred years ago, to match the number of Justices to the number of districts...thirteen, up from nine in 1891...in the Federal justice system. Right-wingers are *desperate* to prevent this. It would almost guarantee a liberal or moderate majority on the Court. But the single most important change needed is eliminating lifetime appointments for all Federal judges, which will require a Constitutional Amendment. That will be HUGELY difficult, no matter when we do it. It is another thing the current roiling atmosphere of hatred and distrust virtually guarantees that the status quo will remain, as long as the democratic institutions remain active.

    All of which is just to touch on some of the immense stakes in this election.

    Vote against the further degradation of the citizen's only remaining lever to use against the fascist billionaires and their economic pals of the Nerd Reich: hold your nose if you must, violate your principles if that's what it takes, but take the affirmative action of going to your designated polling place and casting your vote against Donald Trump and JD Vance. Love Harris or loathe her, she will not enable a furtherance of the coup enshrining the fascists into power.

    It really is your last chance to vote.

    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


    DAY OF RECKONING: How the Far Right Declared War on Democracy
    MIKE WENDLING

    Pluto Press
    $19.95 trade paper, available now

    Rating: 4.5* of five

    The Publisher Says: The United States has become an almost unrecognizable country—with millions in thrall to conspiracy theories, toxic populism, and the far right edging closer to total power—a dire threat to civil society and democratic institutions.

    While the MAGA movement was in remission due to Donald Trump's defeat in 2020, the fascist fringes have not just survived but have continued to thrive and burrow into the mainstream. The January 6th Capitol Riot prosecutions have done little to curb their enthusiasm for mayhem. Trump's base in the Republican Party is committed to their candidate like never before. The institutionalization of racist voting suppression and the outdated logic behind the Electoral College means he could take back the White House. Apocalyptic messaging ensures the alt-right, anti-government, anti-LGBT, and white nationalist groups see the next election as a life or death struggle and are uniting to back the one person they can all agree on—guaranteeing another chaotic election.

    In this chilling exposé, Wendling encounters Capital rioters, Covid deniers, QAnon supporters, and Proud Boys and uncovers the roots of a movement that threatens to shatter the foundations of democracy.

    I RECEIVED A DRC FROM THE PUBLISHER VIA EDELWEISS+. THANK YOU.

    My Review
    : Told in tendentious, apocalyptic tones, this aptly labeled exposé of the late-stage progress of the fascist-billionaire/Nerd Reich's long-running, carefully coordinated reversion of the US to conditions prevailing a century-plus ago presents a very persuasive case...if you're not looking for academic rigor. That is not the remit of this book.

    What you'll get here is primary sources telling their stories of regretted participation (Mrs. Alex Jones), and stories with legs about the perpetrators of the media rejiggering of our cultural norms...stuff that makes a positive difference to know, and to see synthesized in one place, but that is meant to inform you and awake you from denial. If you want a dissertation-level, fact-checked, peer-reviewed tome, seek elsewhere.

    Well aimed at a suddenly jolted aware, smart layperson, this is a short and easy read. Not many words will send one to the dictionary. Few ideas here are going to be hard to grasp, and the few you'll run into that aren't geberally already familiar are researchable on Wikipedia with solidly reliable results. (Yes, I did it myself to be certain.)

    Is your second cousin showing signs of coming out from the anesthesia of outrage dripped into them by red-meat right outlets? Here's a very good source of opening of the eyes. I can but hope that I know enough people with a spare twenty and some needy recipients in their orbit to get this to some young men the scum are targeting, in order to arrest his slide into fascism.

    Before the election is better, but any time is good.

    Monday, January 29, 2024

    TAKING DOWN TRUMP: 12 Rules for Prosecuting Donald Trump by Someone Who Did It Successfully



    TAKING DOWN TRUMP: 12 Rules for Prosecuting Donald Trump by Someone Who Did It Successfully
    TRISTAN SNELL

    Melville House
    $27.99 hardcover, available tomorrow

    Rating: 5* of five

    The Publisher Says: A former prosecutor provides an essential guide to ensuring that Donald Trump—and other oligarchs of his ilk—no longer beat the rap and face serious jail time for their crimes.

    For a half-century Donald Trump has evaded justice. Now he finally faces trials for his lies, cons, and misdeeds—but many fear Trump will never face any real consequences. Can prosecutors and litigants ever hold the powerful accountable? Or is our system so broken that some people are now above the law?

    In TAKING DOWN TRUMP Tristan Snell argues that Donald Trump can be defeated—and shares the secrets for how to beat him.This is the first book ever from a prosecutor who defeated Snell led the prosecution of Trump University, resulting in a game-changing $25 million settlement that was Trump’s first major legal loss and still the largest ever, getting thousands of victims their money back.

    Here you’ll learn the 12 rules for how to beat Trump—and how some prosecutors and litigators are following this playbook, while others failed, can voters and activists hold prosecutors accountable? How do you persevere against all the stonewalling and counterattacks? How do you get a key figure to cooperate and cough up critical evidence?

    Snell faced this problem with Trump University, but with one question, he got the evidence and broke open the case. How did he do it? Whether you’re a concerned citizen, a lawyer or prosecutor, or an activist or advocate, Snell shows how America’s systems can still work to bring even the richest and most powerful to justice, and why those systems are worth preserving and improving. Ultimately, this is a roadmap for how America can begin to escape Trump’s wilderness of fraud and fascism.
    I RECEIVED A DRC FROM THE PUBLISHER VIA NETGALLEY. THANK YOU.

    My Review
    : I have seldom wanted to read a book more than I wanted to read this one. It is no secret that, since 2016, I have opposed 45 and his MAGAt cultists being in power, dismantling and corrupting the systems of justice...flawed as they unquestionably are...in pursuit of permanent power for their repugnant, regressive, evil system of oligarchic fascism.

    What I hoped to find was a source of hope for our collective future. What I got was a roadmap for getting to the better, more just future I believe we all deserve. So this read overdelivered on my expectations.

    The rules themselves are not so much the focus of the read, for me personally, anyway. I needed this read as a reminder that, in spite of triumphalist media coverage (The New York Times newsletter last week headlining what 45’s second-term agenda *is*, not would be, is my latest example), there are those in position to defeat the horrible wretch at his con-man worst, using legal, honest, above-board means to do it.

    At every step, every rule, I paused to appreciate Author Snell’s clarity, concision, and fervor. No words wasted in self-congratulation. No fancy rhetorical flourishes to show off his cleverness. The author must, of necessity, throw at you a large legal vocabulary. No one can tell this story without doing that very thing. What he does is explain it as we go along: Simple, direct prose clarifications, telling what his methods were that he used to hand the rotter whose vile education scam he took down entirely his first-ever serious, consequential legal defeat. I was blissed out as I read his repeatable roadmap to defeating the entire edifice of illegality that prior prosecutors had failed to do.

    Since it worked before, I am heartened when I see similar steps being taken now by other prosecutors. I cringe when I see evidence that they have fallen into the traps Author Snell points out. I pray like Hell that this book, or at least its ideas, have made it onto the radar of each and every prosecutor pursuig justice against 45 and his MAGAt followers in each and every dark, unswept corner of US democracy where we know they are.

    As citizens and as readers, we should all take in these clear-eyed, aphorism-ready rules, and run with them...most especially Rule #6, Play the Long Game: Fight the Fight on Statutes of Limitations. The analysis of the largely successful strategy 45 has used to run down the clock on everything he possibly can, can be fought. Author Snell explains how.

    This information should be of interest to all of us as we watch the same playbook being used right this minute. It should also be of interest to all of us who resist the status quo as abused by the very rich and very powerful to get their profits ever higher. The techniques Author Snell used are repeatable, expandable, and very usable in all our advocacy efforts.

    I know most do not like to think about hard subjects, but they will be there whether one thinks about them or not. The question you can affect is not whether they are there, but how you can best resolve, or partly resolve, or contribute to resolving them. Reading TAKING DOWN TRUMP: 12 Rules for Prosecuting Donald Trump by Someone Who Did It Successfully will equip you to make a positive contribution to resolving them, not merely enduring the results of inattention and inaction.